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Stevens v. Jeffrey Allen Corp.12/5/1997
, 1993, a severe thunderstorm, including a series of microbursts characterized by intense winds, struck the Cincinnati area. The storm moved from west to east in a twelve-milscorridor that included both Mt. Airy Forest and the site of the accident in Norwood. Because of the evidence that the storms were part of the same series of microbursts, evidence that hundreds of trees in Mt. Airy Forest were damaged or felled as a result of the storm was probative, relevant evidence supporting the "act of God" affirmative defense.
Defendant-appellee Bentley Meisner has filed a cross-appeal, recharacterized as an assignment of error to prevent reversal, arguing that the trial court erred in not granting its motion for a directed verdict on all claims against Meisner by Stevens.
We will not consider the merits of this assignment of error. As we discussed in the first assignment of error, there are no contract issues for the jury to decide in this case against either defendant, and Stevens dismissed the negligence claim against Meisner. Consequentially, on remand, there are no remaining claims against Meisner.
Accordingly, the judgment of the trial court is reversed, and this cause is remanded for a new trial on the negligence claims against the Allen Corporation.
Judgment reversed and cause remanded
PAINTER, P.J., and DOAN, J., concur.
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